There Is No Originalist Case for Roe v. Wade

Don't let anyone tell you different.

A recent article by Aaron Tang of the University of California, Davis School of Law attempted to make — I kid you not — an “originalist” case for Roe v. Wade. That’s right: for the case of Roe v. Wade:

Few originalist arguments are as important as the claim that, at the time of the Fourteenth Amendment’s ratification, 27 of the 37 states in the union pro…